WEST VIRGINIA CODE

WVC 46 A- 6 F- 301
PART III. REGISTRATION, SECURITY AND RECORD KEEPING.§46A-6F-301. Registration of telemarketers.
(a) No person shall act as a telemarketer without first having
registered with the secretary of the department of tax and revenue.

(b) The initial application for registration shall be made at
least sixty days prior to offering consumer goods or services, or
offering for sale consumer goods or services through any medium,
and an application for renewal shall be made on an annual basis
thereafter. The department of tax and revenue shall charge
reasonable application and renewal fees for administration of the
registration requirements pursuant to this article. The
application and renewal fees shall be established through the
promulgation of a legislative rule pursuant to chapter
twenty-nine-a of this code. The fees so collected shall be
deposited into the state treasury to the credit of the special
revenue fund known as the "telemarketer registration fund" pursuant
to section three hundred four of this article.

(c) The application for a certificate of registration or
renewal shall include, but not be limited to, the following
information:

(1) The true name, mailing address, telephone number and
physical address of the telemarketer, including each name under
which the telemarketer intends to engage in telemarketing;

(2) Each occupation or business that the telemarketer's
principal owner has engaged in for two years immediately preceding the date of the application;

(3) Whether any principal or manager has been convicted, or
pled guilty to, or is being prosecuted by indictment for,
racketeering, any violations of state or federal securities laws,
a theft offense, or any consumer protection law or telemarketing
law;

(4) Whether there has been entered against any principal or
manager an injunction, temporary restraining order or a final
judgment in any civil or administrative action, involving fraud,
theft, racketeering, embezzlement, fraudulent conversion,
misappropriation of property, or any consumer protection law or
telemarketing law, including any pending litigation against the
applicant;

(5) Whether the telemarketer, at any time during the previous
seven years, has filed for bankruptcy, been adjudged bankrupt or
been reorganized because of insolvency;

(6) The true name, current home address, date of birth, social
security number and all other names of the following:

(A) Each person participating in or responsible for the
management of the seller's business;

(B) Each person, office manager, or supervisor principally
responsible for the management of the seller's business.

(7) The name, address and account number of every institution
where banking or any other monetary transactions are done by the
seller.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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